Pandemic Exposed the State of Our Women Prisons
In the recent pandemic situation, though several sections of society were considered as vulnerable and accorded priority in vaccination, treatment and preventive measures like front-line workers, health workers, police, transport workers elderly people and people with co- morbidities, seldom the prisoners were classified among them. The vast majority of these prisoners are Adivasis, Dalits and from the marginalised communities who are unable to defend themselves legally and financially because of their social and economic situation. They were even the least covered section in the general vaccination drive. COVID-19 had put these systems under even greater strain as it becomes difficult to provide the requisite healthcare to manage the outbreak of a virus. In many prisons, access
to the essentials like soap, water, and hand sanitiser was limited, and prisoners could
not apply social distancing measures in a meaningful way—it is simply a luxury not afforded to them. The pandemic had a distinct impact on incarcerated women. One of the most pressing issues was the suspension of visits by family members in a bid to stem the spread of the virus in prison. These visits are
a critical lifeline for women who rely on them for essential items including food, clothing, and hygiene products. Moreover, such visits allow for all-important contact between women and their children.
The pandemic presented a threat to inmates’ physical and mental health, and that measures to stop transmission were making their sentences “much harsher”; and hygiene was often inadequate coupled with the lack of proper access to healthcare. In response
to the pandemic, many states had taken urgent measures to decongest their prisons through early release, temporary release, or commutation of sentences. Many during this time strongly advocated for the use of non- custodial measures—like bail, electronic monitoring, house arrest, monetary fines, suspended sentences, community service orders, and probation—as a way to ease and prevent prison overcrowding.
The Challenges of Women Prisoners
• Lack of proper healthcare including menstrual and psychological well-being
• Poor sanitation and un-hygienic living conditions
• Only 1.3% of the total 4.3% female prison is housed in all-women’s jails. The remaining ones stay in separate enclosures situated inside the male prisons, which may not address all their needs
• Absence of comprehensive policy guidelines and legislations with regard to body searches exposing women to physical, sexual and psychological abuse
• Increased restrictions due to insufficient prison staff, especially women staff
• Lack of sensitised trainings for prison officials on women centered issues
• Lack of adequate pre- and post-natal care for pregnant women
• Absence of trained counsellors and social workers
• Longer periods of incarceration due to inability to furnish bail bonds/surety, by women from marginalized backgrounds
• Limited rehabilitation avenues available for women once they get released
Children of Women Prisoners
When deciding on the prison to which the woman is to be sent, regard should be had to her caretaking responsibilities if she has a child, and as far as possible, the woman must be given the choice of selecting the prison.
Children must be kept in the prison in a manner that they are not made to feel like offenders. Administration should ensure that the facilities provided are tailored towards children living under their care. NGOs, schools and pediatricians can be engaged to ensure
that children in prisons have access to basic facilities of education, day care, recreation and a healthy lifestyle.
To the extent possible, prison administration shall strive to create a suitable environment for children’s upbringing, whichis as close as possible to that of a child outside prison. E.g. airy room s with adequate natural light, minimum security restrictions, outdoor play area, opportunity to socialize with peers outside prison if not available within prison
etc. The Board of visitors shall inspect these facilities at regular intervals. Women prisoners whose children are in prison with them shall
be provided with the maximum possible opportunities to spend time with their children.
Children should receive a special diet and be regularly examined by a Lady Medical Officer at least once a month to monitor their physical growth and condition of physical and mental health. They should have access to a lady medical officer as per their need.
Ideally, no child shall be admitted into or retained in prison if he/she has attained the age of six years. The best interest of the child should be the determining criteria to determine whether and for how long they should stay with their mothers in prison.
Supreme Court Guidelines for Children of Prisoners
• A jail must have adequate facilities for prenatal and postnatal care for female prisoners as well as their children.
• Gynaecological examination of female prisoners shall be performed in the District Government Hospital. Proper prenatal and post-natal care shall be provided to the prisoner as per medical advice.
• Where possible and feasible, temporary release/parole arrangements (or suspension
of sentence in case of minor/casual offender) should be made to enable an expectant prisoner to have her delivery outside the prison. This
can be denied only in exceptional cases (high security risk, e.g.).
• Pregnant women in jails should be able to give birth outside the prison (except in extreme cases).
• The fact that the child has been born
in prison shall not be recorded in the birth certificate. Only the address of the locality shall be mentioned.
• Within the prisons, children should be able to have access to food, shelter, medical assistance when required, education and a recreational space.
• Children shall be regularly examined
by a lady Medical Officer to monitor their physical growth and ensure timely vaccination, while maintaining vaccination records. Extra clothing, diet, etc. may be provided per Medical Officer’s recommendation.
• Children can remain with women prisoners until age six. Then they should be handed over to welfare institutions run by the Social Welfare Department, preferably in the same city/town.
• The child can remain in such an institution until the mother is released or the child is capable of earning a livelihood.
• Children kept under protective custody
in care homes shall be allowed to meet their mother at least once a week. The Director, Social Welfare Department, shall ensure this.
Conclusion
Despite the various constitutional provisions providing a status of equality to the women
in India, the condition of the poor women prisoners is not good. They are being ignored and tortured in the prisons. Imprisonment does not spell farewell to fundamental rights, the Supreme Court of India has made it very clear in many judgments that except for the fact that the compulsion to live in a prison entails by its force the deprivation of certain rights, like the right to move freely, a prisoner is otherwise entitled to the basic freedoms guaranteed by the Constitution. Prisoners cannot be treated as animals and are not to be punished except under laws. Government has provided various measures to safeguard the rights of the women prisoners but is this is not actually applicable in true sense; women are still facing problem in the police custody. Many times they suffer through sexual harassment during their custody, they still face hurdles in all stage of criminal justice process. At the time of arrest, the women suffer from lack of knowledge about her basic rights. It is common in case of poor and illiterate women. This custodial violence is definitely a menace or cancer to our Indian society.
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